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Guest Kate

One for Tee

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Guest Kate

Tee can I ask how sponsors prove they can't get an Australian to do the work that a migrant can do? Do they have to just look in their local area or interstate?

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Guest TeeTMI

Hi Kate

 

They are about to make it a bit harder and are reintroducing labour market testing (at least for the 457). The new legislation (expected 1st July) will set out the guidelines relating to when the testing was undertaken, and I am sure we will also see new policy on the whole subject. Therefore it is probably best to wait to see whether it covers that aspect of advertising in respect of answering your question.

 

Hopefully, the new legislation and policy will relate to what is reasonable to expect for the occupation type. Using one of the national online advertisers is often recommended as it covers the country, but for the employer and some occupations it may just be going through the motions and wasting money if they only get responses from more localised ads.

 

The current information we have states...

The employer will be required to provide evidence from one or more of the following:

  • Information about sponsor’s attempts to recruit suitably qualified and experienced Australian citizens or permanent residents to the position and any other similar position
  • Advertising (paid or unpaid) commissioned or authorised by the sponsor
  • Information about the sponsor’s participation in relevant job and career expositions
  • Details of fees and other expenses paid (or payable) for any recruitment attempts
  • Details of the results of recruitment attempts, including any position filled as a result
  • Copies of, or references to, any research released in the previous 6 months relating to labour market trends generally and in relation to the nominated occupation;
  • Expressions of support from Commonwealth, State and Territory government authorities with responsibility for employment matters;
  • Any other type of evidence determined by the Minister in a legislative instrument.

We need to wait to see the extent to which different aspects will be required by DIAC.

 

 

As an aside also of interest to employers of overseas workers is that new legislation has also been released whereby an Australian employer now has responsibilities to ensure that any overseas workers it employs (e.g. an employer of students WHVs) are working for them within the conditions of their visa.

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Guest TeeTMI

Just got an update on this the Ministers media website says

 

"Mr O'Connor said the new laws required employers to look local first by undertaking labour market testing.

'Market testing will be straightforward, requiring employers only to place a job advertisement and show evidence they have done so. Employers facing genuine skill shortages already take steps to ensure there are no locals available to fill these positions,' Mr O'Connor said."

 

http://www.minister.immi.gov.au/media/bo/2013/bo204902.htm

 

Personally I will still wait to see how 'straightforward' the policy is written and how DIAC interpret it.

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